MUNICIPAL INFORMATION PAGE
A RESIDENT’S GUIDE TO RULES AND REGULATIONS GOVERNING THE MUNICIPALITY
Zoning is the process of dividing land in a municipality into zones such as Urban-Residential, Rural and Commercial/Industrial in which certain land uses are permitted or prohibited. These are then further defined into General Development (GD), Rural Settlement Residential (RSR), Rural Mixed 1 and 2 (RM1, RM2), Rural Commercial / Industrial (RCI) and Crown Land. There are also tables 4.5 for Mobile Home Parks and 4.8 for Livestock Operations and lastly Table 4.9 for the Animal Unit Summary.
Our Zoning By-Law 7/13 is on our website at http://www.rmofreynolds.com/ under Documents, then Development Plan / Zoning to view or download.
Zoning Maps are available to view under Documents, then Zoning Maps.
In the Zoning areas, there are permitted and conditional uses.
If it is listed as a Conditional Use, an application is required (with a fee of $250.00) and a Public Hearing is set for Council to review the request and to make a decision. Conditional Use approvals can be accompanied with a Development Agreement in which Council will place Conditions on the approval. Examples of these could be all building permits necessary must be acquired before any building starts, that any surveys required are at the expense of the landowner, manure management plans etc. depending on the reason for the Conditional Use.
A Variance is an approval from Council to vary the regulations(s) of the Zoning Bylaw for non-conforming development approvals. ... A Variance Permit cannot vary the land use or density as per the Local Government Act. A Variance Application is required with a fee of $250.00 and will also go to a Public Hearing where Council will make the decision on whether it is allowed.
A Zoning By-Law Amendment can be used to make changes to the Zoning By-Law such as:
Use of land; maximum number of units in a building; minimum lot area or width; distance between the lot line and the building; minimum landscape requirements; or parking and loading facilities. The fee for a Zoning By-Law Amendment application is $250.00.
Extensions to a Conditional Use or a Variance that have not been able to meet conditions under the timelines required, are subject to an extension fee of $75.00.
The applications for Conditional Uses, Variations and Zoning by-law amendments are available on our website at http://www.rmofreynolds.com/ , go to Documents, then Development Plan / Zoning to view or download.
Building Permits are also available on the website for download under Documents, then Development Plan / Zoning to view or download.
When a Building Permit is Required
A Permit is required for:
New House, Additions (sun-rooms, enclosed decks, etc.), Foundation Repairs, Basement Developments, Wood Stove/Fireplace, Wheelchair Ramps, Electrical (includes air conditioning), Plumbing (includes b/w valves, sump pits and sump pump), Detached Accessory Building (garage, shed, gazebo etc.), Attached Garage or Carport, Decks, Swimming Pools (Hot Tubs, Fish Ponds, etc.) and Temporary Structures larger than 900 sq. ft.
Projects that normally DO NOT require a Permit:
(Although a permit may not be required, it is still necessary for these projects to comply with the building code and applicable zoning requirements).
Replacing shingles with the same material, Replacing doors and windows with the same size (includes security bars on windows), Replacing stucco or siding with the same material, Inside painting, patching, decorating, buildings under 108 sq. ft., installing cabinets or shelves.
Creating a subdivision is a process best started by calling the Planning Office in Beausejour at 204-268-6058. Subdivisions occur when a single land title is split into two or more parts or if property boundaries are rearranged. The registered owner(s) of the land can apply for a subdivision. In the RM of Reynolds, subdivisions are subject to an Administration Fee of $40.00 and Planning has an administration fee of $460.00. The RM of Reynolds has a Lot Dedication fee of $200.00 per lot created and Planning has a fee of $200.00 per lot created. A S.A.M. or Survey Application Map is required at the owner’s cost, as well as a Development Agreement and registered Caveat for that agreement once signed, also at the owner’s cost. Planning will contact all the various government or other applicable agencies that need to be consulted regarding the subdivision. Examples would be Manitoba Infrastructure, Manitoba Hydro, MTS, Manitoba Agriculture etc. Planning would inform you of any concerns from these agencies. Septic Field or Tanks must be approved through the Manitoba Environment agency. Any additional legal fees would also be the responsibility of the owner. Please call us at 204-426-5305 with any other questions.
Assessment of property is governed by the Municipal Assessment Act. The Provincial Municipal assessor is responsible for the administration of the Act. All assessments in Manitoba, outside of the City of Winnipeg, are done by the staff of the Provincial Municipal Assessor.
The Municipal Assessment Act sets up a system whereby the fair market value of a property, as of a particular year, is determined and entered into a municipal assessment roll. Notice of the assessed value is given to the taxpayer.
Board of Revision
An owner of property who does not agree with the assessment may appeal the assessment to the Board of Revision, about either the amount of the assessment, the classification of the property, or the liability to taxation (i.e. claiming to be entitled to an exemption from property or school taxes). The Board of Revision is usually comprised of the council members, but council may appoint other persons instead. If the taxpayer is dissatisfied with the decision of the Board of Revision, the party may appeal the amount of the assessment or the classification to the Municipal Board, or the liability to taxation to the Court of queen’s Bench. The Board of Revision in the RM of Reynolds is generally held in November.
A municipality must hold a tax sale auction and put up for sale properties in the municipality that have outstanding real property taxes. A notice is sent out first, 90 days prior to the tax sale to give property owners a chance to pay their arrears and be taken out of tax sale. Administration fees do apply and become more expensive when deadlines are not met.
E.P.T.C.A. or Education Property Tax Credit
Anyone who has lived in their primary residence for one year is eligible for an Education Property Tax Credit to a maximum of $700.00. Please call us at 204-426-5305 close to your one-year primary residence anniversary, to register for your credit on the next tax bill. If your tax bill was received before you registered, please note that your credit can be applied to your income tax if you bring your tax bill with you. Secondary properties such as cabins or country homes that are not your primary residence, are not eligible for the credit.
Farmland Tax Rebate
The Farmland Tax Rebate was implemented in 2004 to support the rural economy by providing Manitoba Farmland owners with school tax relief. Anyone who received a rebate in previous years, will have an application mailed to them. Applications will also be available in the RM Office. The deadline to return the completed applications for 2019 was extended this year to September 21, 2020 or the end of the State of Emergency associated with Covid-19. We can fax your applications for you at the RM Office.
By-Laws and Policies
By-Laws and Policies are available on our website to view under Government, Documents and Downloads, or you could call 204-426-5305 to request a copy to be emailed to you. Please note that our Policies are being renewed at this time and we will upload all the renewed policies as soon as they are completed.
By-Law Legal Requirements
Subsection 140(2) of the Municipal Act states that council must act by by-law if the legislation expressly requires a bylaw. Generally, a by-law is required for a matter with continuing application or broad, long term effect (for example, changing the size of council, setting rates, regulatory by-laws with penalty or enforcement). By-Laws are required in order to enforce a regulation.
Actions Requiring Resolutions
Subsection 140(3) provides that council may act by resolution if the legislation specifies it may be done by resolution or if the legislation is silent with respect to whether it may be done by by-law or resolution.
Challenging By-Laws and Resolutions
Application for declaration of invalidity
Subsection 382(1) A person may make an application to the court for a declaration that a by-law or resolution is invalid on the ground that
- a) The council acted in excess of its jurisdiction;
- b) The council acted in bad faith
- c) The by-law is discriminatory; or
- d) The council failed to comply with a requirement of this or any Act or the municipality’s procedures by-law.
Time limit for action under clause 382(1)(d)
Subsection 383(1) subject to subsection (2), an application under clause 382(1)(d) must be filed within one year after the by-law or the resolution is passed.
No challenge on certain grounds
Clause 384 No by-law, resolution or proceeding of a council and no resolution or proceeding of a council committee may be challenged on the grounds that
a) The by-law is unreasonable or not in the public interest;
b) A person sitting or voting as a councilor
ii) After being elected, ceased to be qualified or became disqualified;
c) A person sitting or voting as a member of a council committee
i) Was not qualified when elected, or
ii) After being elected, ceased to be qualified or became disqualified;
d) The election of one or more councilors or members of the committee of a local urban district is invalid;
e) A councilor or a member of the committee of a local urban district has resigned because of a disqualification;
f) A person has been declared disqualified from being a councillor or a member of a committee of a local urban district;
g) A councilor or a member of a committee of a local urban district does not take the oath of office; or
h) There was a defect in the appointment of a councillor or other person to a council committee.
Municipal elections are held every four years except in the case that a by-election is necessary. The next General Municipal Election is in October of 2022. Subsection 87(1) provides that municipalities (urban or rural) may elect councilors ‘at large” or by the ward system. (The head of council or Reeve is always elected "at large”).
Section 89 provides that The Municipal Board may be requested to review a ward by-law at the written request of at least 25 electors, and that the Board:
· Must hold a public hearing [subsection 89(2)]
· May refer the matter back to council or require council to amend the by-law as directed by the Board [subsection 89(3)].
To eliminate wards, council must follow the same steps which it took to implement the ward by-law, [subsection 147(1)(2) of The Municipal Act.
Clause 82, A council is responsible for:
a) developing and evaluating policies and programs of the municipality;
b) for ensuring that the powers, duties and functions of the municipality are appropriately carried out; and
c) for carrying out the powers, duties and functions expressly given to this council under this or any other act.
Subsection 83(1), Each member of council has the following duties:
a) To consider the wellbeing and interests of the municipality as a whole and to bring to the council’s attention anything that would promote the wellbeing or interests of the municipality;
b) to participate generally in developing and evaluating the policies and programs of the municipality;
c) To participate in meetings of the council and of council committees and other bodies to which the member is appointed by the council;
d) To keep in confidence a matter that is discussed at a meeting closed to the public under subsection 152(3) and that the committee decides to keep confidential until the matter is discussed at a meeting of the council or of a committee conducted in public; d1.) to comply with the code of conduct for members of council;
e) To perform any other duty or function imposed on the member by the council or this or any Act.
Duties of the Head of Council
In addition to performing the duties of a member of council, the head of council has a duty
a) To preside when in attendance at a council meeting, except where the procedures by-law or this or any other Act otherwise provides;
b) To provide leadership and direction to the council; and
c) To perform any other duty or function assigned to a head of council by the council or by this or any other Act.
Part 4 of the Municipal Act states that Municipal Policy is set by council and carried out by the chief administrative officer (or CAO), who is an employee of the municipality and reports to council.
Section 127(1) The chief administrative officer
a) is the administrative head of the municipality;
b) is responsible for ensuring that the policies and programs of the municipality are implemented;
c) is responsible for advising and informing the council on the operation and affairs of the municipality;
d) except as the council may decide otherwise, is responsible for the management and supervision of the employees of the municipality;
e) carries out the powers, duties and functions assigned to a chief administrative officer by the council or by this or any other Act, and
f) must notify council if money of the municipality is spent or invested contrary to a by-law or resolution or this or any other Act.
By-Laws and Resolutions
Subsection 140(1) Council may only act by by-law or resolution. If a by-law is not specified, then council can act by resolution.
Subsection 142(1) Every proposed by-law must be given three separate readings at meetings of the council, and each reading must be put to a vote.
Subsection 142(2) A council may not give a proposed by-law more than two readings at the same council meeting.
Subsection 152(1) Every meeting of a council or council committee must be conducted in public.
Closing a Meeting
As per the Municipal Procedures Guide, A Council may only exclude the public and the media from a meeting by passing a resolution to meet as a committee of the whole in a closed meeting, The resolution must state the topic of the matter to be discussed in the closed meeting.
Duty of Confidentiality
All council members have a legislated duty to keep confidential a matter that is discussed at a meeting that has been closed to the public under clause 83(1)(d). A breach of this duty is grounds for disqualification from the office under clause 94(1)(h). Council members are, however, permitted to discuss confidential information with the Chief Administrative Officer or the Designated Officer under Section 84.
Subsection 152(3) Despite subsection (1), a council or council committee may close a meeting to the public
i) in the case of a council, the council decides during the meeting to meet as a committee to discuss a matter, and
ii) the decision and general nature of the matter are recorded in the minutes of the meeting; and
b) if the matter to be discussed relates to
i) [repealed] S.M. 2004, c.2 s. 31,
ii) An employee, including the employee’s salary, duties and benefits and any appraisal of the employee’s performance,
iii) A matter that is in its preliminary stages and respecting which discussion in public could prejudice a municipality’s ability to carry out its activities or negotiations,
iv) The conduct of existing or anticipated legal proceedings,
v) The conduct of an investigation under, or enforcement of, an Act or by-law,
vi) The security of documents or premises, or
vii) A report of the Ombudsman received by the head of council under clause 36(1)e The Ombudsman Act.
Subsection 152(4) No resolution or by-law may be passed at a meeting that is closed to the public, except a resolution to re-open the meeting to the public.
Subsection 160(4) A council may in its procedures by-law establish procedures for public hearings which may include
a) Prescribing a reasonable time limit for presentations, questions or objections;
b) Providing that the council may decline to hear a presentation, question or objection where the council is satisfied that the matter has been addressed at the hearing;
c) Deciding which presenters the council will hear where it is satisfied that presentations will be the same or similar;
d) Expelling a person from a hearing for improper conduct; and
e) Adjourning a hearing from time to time.
Subsection 160(5) If a public hearing is adjourned, the council must give public notice of the date, time and place of the continuation of the hearing, unless that information is announced at the time the adjournment is announced at the hearing.
Enforcement of By-Laws
Subsection 239(1) If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the building or other structure to carry out the inspection, remedy, enforcement or action.
(a) Enter the land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or By-Law;
(b) Request that anything be produced to assist in the inspection, remedy, enforcement or action, and
(c) Make copies of anything related to the inspection, remedy, enforcement or action.
Subsection 162(2) Before adopting the financial plan, the council must give public notice, and hold a public hearing, in respect of the plan.
Subsection 258(2) A council may encourage economic development in any manner it considers appropriate and, for that purpose, may enter into an agreement with a person, with an agency of the Government of Manitoba or the Government of Canada, or with another municipality, including a municipality in another province.
Subsection 258(3) A council may adopt a strategic plan for economic development in the municipality.
Subsection 258(4) A council may make a grant for the purpose of economic development in the municipality, but the grant must not be used to directly or indirectly reduce the amount of municipal or school taxes payable to the municipality or to reimburse a person for municipal or school taxes that are paid or payable to the municipality.
Access to Information
Municipal records to be provided on request
Subsection 263(1) A chief administrative officer must, on the request of a person and within a reasonable time, provide access to any of the following municipal records that the municipality is required to keep at the municipal office:
a) Assessment rolls;
b) Financial plans;
c) Financial statements;
d) Reports of the auditor;
e) [repealed] S.M. 1997, c. 53, s. 4;
f) The minutes of meetings of the council and council committees, except the minutes for any part of a committee meeting that was closed under subsection 152(3);
g) By-laws and resolutions of the council and resolutions of council committee meetings;
h) A report of the Ombudsman received by council under clause 37(2)(b) of The Ombudsman Act;
i) An election finance statement filed by a registered candidate in an election.
Maintenance of municipal roads and certain land after approval
Clause 293 A municipality must maintain
a) Municipal roads within its boundaries; and
b) Land within its boundaries that is shown on a plan of subdivision registered by an applicant at a land titles office under The Planning Act as dedicated for public use as a municipal road, upon completion by the applicant with any condition that is related to the road and required approval of the plan.
The RM of Reynolds is a very large municipality and we require the help of our residents to notify us of the following:
· Poor Municipal road conditions (please note that any Provincial highway conditions must be reported to the Province of Manitoba);
· Missing, damaged or fallen, road or civic address signs;
· Burnt out streetlights or any other unsafe conditions.
All our road works are done by contractors and are subject to availability. We request Equipment Quotes in spring of each year and proceed down our list according to price, distance and availability of the contractors. We also have an annual Spring Gravel Program where quotes are requested each spring. Council makes the final decision on any request for quotes that are requested throughout the year.
Please watch out for all smaller contract Request for Quotes (grass cutting, caretaking, recycling etc.) which will be advertised on our website and/or the bulletin boards. Larger contracts will be advertised in the local newspapers as well.
Frost boils on our community’s roadways are caused when spring freeze-thaw cycle arrives, and the frost comes to the surface. The frost pushes the organic materials underneath the roadways up to the surface, creating bubbling, heaving and making the roads spongy and soft. The Public Works department makes temporary repairs where required and hopes that those efforts, combined with warmer weather, will dry the roadways out. Once the roads are sufficiently dry, the department will make more robust, permanent repairs. Please be aware of this issue in spring and be careful behind the wheel. Whenever possible, slow down and drive around the frost boils.
Dust Control Process
· Public Works must wait until the frost comes out of the ground before preparing for Dust Control; this can go into June.
· Contractors start to grade the roads while wet; previous calcium (dust control) applications make the gravel hard like cement, therefore grading and graveling is imperative.
· Gravel is added and the roads are prepared for application.
· Calcium is pre-ordered, and the application is coordinated throughout the RM. (Note that all RM’s are ordering the product in the same time periods, from the same company).
· Applications are based on weather and contractor availability.
· Due to the above, dust control can be applied between late June and early July in most years.
· Public Works strives to apply the dust control as early as possible.
· The Municipality will not be responsible for any private dust control product applied to the roadway by a resident and will maintain the roadway as deemed appropriate by the Public Works Department.